United States v. Medina

I concur with the majority that the findings and sentence are correct in law and in fact and that no error materially prejudicial to the appellant’s substantial rights occurred. I "write separately to emphasize my understanding of the statutory scheme and the role of the military judge in carrying out the effect of the statute.

It was proper for the military judge to instruct on the affirmative defense of consent because the record contains some evidence which the members could credit with respect to the defense. See Rule FOR Courts-MaRtial 920(e)(3), Manual for Courts-Martial, United States…